S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10063

                          I N  A S S E M B L Y

                               May 2, 2012
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on Labor

AN  ACT  to amend the labor law, in relation to annual reporting of wage
  information

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraph (e) of subdivision 1 of section 195 of the labor
law, as added by chapter 564 of the laws of 2010, is amended and  a  new
paragraph (f) is added to read as follows:
  (e)  The commissioner shall have discretion to waive or alter require-
ments of paragraph (a) of this subdivision for temporary help  firms  as
defined in section nine hundred sixteen of this chapter[.];
  (F)  THE  COMMISSIONER SHALL HAVE DISCRETION TO WAIVE THE REQUIREMENTS
OF PARAGRAPH (A) OF THIS SUBDIVISION TO PROVIDE  EMPLOYEES  WITH  ANNUAL
NOTICES  ON  OR BEFORE FEBRUARY FIRST OF EACH SUBSEQUENT YEAR OF EMPLOY-
MENT. SUCH WAIVERS SHALL BE LIMITED TO EMPLOYERS OR  CLASSIFICATIONS  OF
EMPLOYERS  DEEMED BY THE COMMISSIONER TO POSE A LESSER RISK OF UNDERPAY-
MENT OF WAGES, AND SHALL INCLUDE AS A CONDITION A REQUIREMENT  THAT  ANY
EMPLOYEE  WHO  SUBMITS A WRITTEN REQUEST SHALL BE PROVIDED WITH ONE COPY
OF A NOTICE AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION  APPLICABLE
TO SUCH SUBSEQUENT YEAR OF EMPLOYMENT.
  S  2.  Subdivisions  1-b  and  1-d of section 198 of the labor law, as
added by chapter 564 of the  laws  of  2010,  are  amended  to  read  as
follows:
  1-b.  If  any employee is not provided within ten business days of his
or her first day of employment a notice as required by  subdivision  one
of  section  one  hundred  ninety-five  of  this  article, he or she may
recover in a civil action damages of fifty dollars for  each  work  week
that  the  violations occurred or continue to occur, but not to exceed a
total of two thousand five hundred  dollars,  together  with  costs  and
reasonable  attorney's  fees.  The  court  may  also award other relief,
including injunctive and declaratory  relief,  that  the  court  in  its
discretion deems necessary or appropriate.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15480-01-2
              

A. 10063                            2

  On  behalf of any employee not provided a notice as required by subdi-
vision one of section one  hundred  ninety-five  of  this  article,  the
commissioner may bring any legal action necessary, including administra-
tive action, to collect such claim, and as part of such legal action, in
addition  to  any other remedies and penalties otherwise available under
this article, the commissioner may assess against the  employer  damages
of  fifty  dollars  for  each  work week that the violations occurred or
continue to occur. In any action or administrative proceeding to recover
damages for violation of [paragraph (d) of] subdivision one  of  section
one  hundred  ninety-five  of  this  article, it shall be an affirmative
defense that (i) the employer made complete and timely  payment  of  all
wages  due pursuant to this article or article nineteen or article nine-
teen-A of this chapter to the employee who was not  provided  notice  as
required  by  subdivision one of section one hundred ninety-five of this
article or (ii) the employer reasonably believed in good faith  that  it
was  not required to provide the employee with notice pursuant to subdi-
vision one of section one hundred ninety-five of this article.
  1-d. If any employee is not provided  a  statement  or  statements  as
required by subdivision three of section one hundred ninety-five of this
article,  he  or  she  shall  recover  in  a civil action damages of one
hundred dollars for each work  week  that  the  violations  occurred  or
continue  to  occur,  but  not  to exceed a total of twenty-five hundred
dollars, together with costs and reasonable attorney's fees.  The  court
may  also  award  other  relief,  including  injunctive  and declaratory
relief, that the court in its discretion deems necessary or appropriate.
  On behalf of any employee not provided  a  statement  as  required  by
subdivision  three  of  section one hundred ninety-five of this article,
the commissioner may bring any legal action necessary, including  admin-
istrative  action,  to  collect  such  claim,  and as part of such legal
action, in addition to any other remedies and penalties otherwise avail-
able under this article, the commissioner may assess against the employ-
er damages of one hundred dollars for each work week that the violations
occurred or continue to occur. In any action or administrative  proceed-
ing to recover damages for violation of subdivision three of section one
hundred  ninety-five of this article, it shall be an affirmative defense
that (i) the employer made complete and timely payment of all wages  due
pursuant to this article or [articles] ARTICLE nineteen or nineteen-A of
this chapter to the employee who was not provided statements as required
by  subdivision three of section one hundred ninety-five of this article
or (ii) the employer reasonably believed in good faith that it  was  not
required  to provide the employee with statements pursuant to [paragraph
(e) of] subdivision [one] THREE of section one  hundred  ninety-five  of
this article.
  S 3. This act shall take effect immediately.